This is one of the most common questions agents get asked.
To answer it properly, we need to look at the Texas One to Four Family Residential Contract, specifically Section 2, which covers:
Property
Improvements
Accessories
Exclusions
Reservations
Let’s break it down in plain language.
2B – Improvements
The contract states that the sale includes the house, garage, and all fixtures and improvements attached to the property — including permanently installed and built-in items.
This typically includes things like:
The key phrase here is:
“Permanently installed and built-in items.”
If it’s attached and built in, it generally stays.
2C – Accessories
Accessories may include:
Window units
Fireplace screens
Curtains and rods
Pool equipment
Door and mailbox keys
Remotes and controls
These are often included — but still subject to negotiation.
2D – Exclusions
This section lists any items the seller intends to keep. If a seller plans to remove something that would otherwise stay, it must be written into the exclusions section.
For example:
A sentimental chandelier
A family heirloom mirror
A special light fixture
Important:
If something is excluded, the seller must remove it and replace it appropriately before closing. They can’t simply leave exposed wiring or empty spaces.
What About Washers, Dryers, and Refrigerators?
These items are not typically considered permanently installed. Since they can be unplugged and moved, they are usually taken by the seller.
However, when making an offer, you can always:
Everything is negotiable — it just needs to be written in the contract.
A Good Rule of Thumb
Many agents use this guideline:
If it’s built in or designed for that specific space, it usually stays.
If it can be unplugged and moved easily, the seller can likely take it — unless negotiated otherwise.
Seller Tip
If you have items you plan to keep — especially sentimental fixtures — remove them before listing your home. That eliminates confusion and prevents issues during negotiations.
Important Note
I am not an attorney and cannot provide legal advice. If you have specific legal questions about the contract, you should consult an attorney of your choice for clarification.
Real Talk. Real Results.